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Fa!- 0 CRLF is federally listed as threatened. The wetland feature on the project site would likely not support breeding habitat for CRLF. (Habitat Assessment page 8.) In addition, the closest recorded occurrence of CRLF is more than 1,500 feet away(Habitat Assessment at fig. 3),and the site is therefore unlikely to be used by frogs as a travel corridor or for hydration. Further, under the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan ("SJMSCP"), incidental take minimization measures for CRLF do not apply to the project area. Swainson's hawk is listed as a California Department of Fish &Game threatened species. Swainson's hawks often nest within or on the edge of riparian areas adjacent to suitable foraging habitat(Analysis page 9), but no active nests or evidence of abandoned raptor nests were identified during EIP's May 2006 field survey. (Habitat Assessment page 12.) Swainson's hawk was observed by EIP foraging within one mile of the project, but the wetland area does not constitute foraging habitat for the hawk. (Habitat Assessment page 9.) The applicant will conduct pre-construction surveys for Swainson's hawk consistent with the mitigation measures imposed pursuant to Specific Plan III. San Joaquin kit fox is federally listed as an endangered species and state- 1 listed as a threatened species. The ruderal habitat present on the site may provide limited foraging opportunities for local populations of the kit fox, but the wetland areas on the site do not provide habitat. (Habitat Assessment page 11.) Moreover, EIP's May 2006 field survey found that the existing California ground squirrel burrows within the project site did not contain any evidence of suitable burrowing activity by the kit fox. (Habitat R Assessment page 11.) The applicant will request coverage under the j SJMSCP and comply with the measures in the SJMSCP and the Specific Plan III for the protection of kit fox. The rationale with respect to the third finding ("habitat of superior quality and superior or comparable quality will be created or restored to compensate for the loss") is as follows: The applicant will create or restore habitat of superior quantity and superior or comparable quality to compensate for the loss of wetlands as result of the project. Prior to the approval of the Final Map(s)for the project,the Fi, applicant will submit to the Community Development Department a Wetland Mitigation/Replacement Plan (Wetland Plan) prepared by a qualified biologist. F1 The Wetland Plan will include the following provisions which are incorporated as Tentative Map Conditions of Approval. a. There shall be no degradation of the habitat or numbers of any rare, threatened, or endangered plant, or animal species as a result of the project. F11 b. Wetland habitat of superior quantity and superior or comparable quality will be created or restored to compensate for the loss General Plan Policy VI, G, 1). Replacement vegetation generally shall be native vegetation (General Plan,Volume I, Policy VI, G, 15). 3